Sec. 31.05.03.02. Applicability

A. In General. Except as provided in §B of this regulation, this chapter applies to all life insurance policies, with or without nonforfeiture values, issued on or after the effective date of this chapter, subject to the conditions of §C of this regulation.

B. Exceptions. Regulations .07-.13 of this chapter do not apply to:

(1) An individual life insurance policy:

(a) Issued on or after the effective date of this chapter; and

(b) Issued in accordance with and as a result of a reentry provision contained in the original life insurance policy of the same or greater face amount which:

(i) Was issued before the effective date of this chapter, and

(ii) Guarantees the premium rates of the new policy;

(2) Subsequent policies issued as a result of the exercise of the provision described in §B(1)(b) of this regulation, or a derivation of the provision in the new policy;

(3) A variable life insurance policy that provides for life insurance, the amount or duration of which varies according to the investment experience of any separate account or accounts;

(4) A variable universal life insurance policy that provides for life insurance, the amount or duration of which varies according to the investment experience of any separate account or accounts;

(5) Group life insurance certificates unless the certificates provide for a stated or implied schedule of maximum gross premiums required in order to continue coverage in force for a period in excess of 1 year; or

(6) A universal life insurance policy if the:

(a) Secondary guarantee period, if any, is 5 years or less;

(b) Specified premium for the secondary guarantee period is not less than the net level reserve premium for the secondary guarantee period based on:

(i) For policies issued before January 1, 2009, the 1980 CSO valuation table or the ultimate mortality rates in the 2001 CSO Mortality Table, and the applicable valuation interest rate; and

(ii) For policies issued on or after January 1, 2009, the ultimate mortality rates in the 2001 CSO Mortality Table and the applicable valuation interest rate; and

(c) Initial surrender charge is not less than 100 percent of the first year annualized specified premium for the second guarantee period.

C. Conditions.

(1) Calculation of the minimum valuation standard for policies, other than universal life policies, with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits, or both, shall be in accordance with the provisions of Regulation .11 of this chapter.

(2) Calculation of the minimum valuation standard for flexible premium and fixed premium universal life insurance policies, that contain provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period, shall be in accordance with the provisions of Regulation .12 of this chapter.